Ala. Admin. Code r. 335-13-8-.01

Current through Register Vol. 43, No. 02, November 27, 2024

Section 335-13-8-.01 - Variances

The Department may grant individual variances from the specific provisions of Division 13 based upon the procedures of 335-13-8-.02 through 335-13-8-.05 whenever it is found by the Department, upon presentation of adequate proof, that the requested variance will not threaten the public health or unreasonably create environmental pollution. Specifically, variances may only be granted for those provisions of Division 13 that are in addition to or more stringent than analogous federal regulations. Variance requests will not be granted for provisions of Division 13 that are identical to a federal rule (i.e. those provisions that are not a state specific rule) Variances per se are not favored by the Department.

Ala. Admin. Code r. 335-13-8-.01

November 18, 1981; Amended: July 21, 1988. Amended: Filed June 21, 1996; effective July 26, 1996.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 01, October 29, 2021, eff. 12/13/2021.

Authors: Russell A. Kelly, S Scott Story

Statutory Authority:Code of Ala. 1975, § 22-27-7.